Joint Committee on Statutory Instruments Thirty-Ninth Report



  1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.
  2. A memorandum from the Department for Transport in connection with the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2002 (S.I. 2002/1698) is printed in Appendix 1.

  4. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.
  5. These Regulations implement certain Community directives which impose requirements as to the packaging and labelling of hazardous substances in order to protect health, safety and the environment. The directives permit member States, in specified circumstances, to grant exemptions from the strict requirements which would otherwise apply. Regulation 13 of this instrument, however, confers a power on the Health and Safety Executive to grant exemptions from all or any of the requirements or prohibitions imposed by the Regulations if it is satisfied that neither the health nor the safety of persons who are likely to be affected by the exemption will be prejudiced in consequence of it. This general power is incompatible with the requirements of the directives.
  6. In a memorandum printed at Appendix 2, the Department for Transport explains that the power is intended to be limited to the granting of exemptions which are compatible with the directives and concedes that this is not clear on the face of the regulation, which it undertakes to amend when a suitable opportunity arises. The Committee accordingly reports regulation 13 for defective drafting, acknowledged by the Department.
  7. Regulation 18(2) amends another instrument ("the CDGCPL Regulations"). The purpose of the amendments is to substitute references to regulation 8 of these Regulations for references to regulation 9 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994, which these Regulations replace. The 1994 Regulations are referred to in the CDGCPL Regulations as "the supply Regulations", which term is defined in regulation 2(1) of that instrument. The amendments in regulation 18(2), however, merely substitute references to regulation 8 of the supply Regulations for references to regulation 9 of the supply Regulations, but do not amend the definition of that expression. The Department concedes that the definition of "the supply Regulations" should also have been amended, and states that the CDGCPL Regulations are shortly to be replaced. The Committee accordingly reports regulation 18(2) for defective drafting, acknowledged by the Department.


1   The Orders of Reference of the Committee are set out in the First Report, Session 2001-02 (HL Paper 7; HC 135-i). Back

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